News & Views

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Garden Court Chambers | Friday 6 February 2009

Latest Homelessness case from the House of Lords

This week the House of Lords gave judgment in an important case about the provision of homelessness assistance to fathers separated from their children.

Garden Court Chambers | Tuesday 3 February 2009

Book Launch: Blackstone’s Guide to the Criminal Justice and Immigration Act 2008

Garden Court Chambers is proud to announce the publication by Oxford University Press of the Blackstone's Guide to the Criminal Justice and Immigration Act 2008. Edited by Maya Sikand, contributing authors are Kate Aubrey Johnson, Adrian Berry, Brenda Cam

Garden Court Chambers | Monday 2 February 2009

Issue 122 – 2nd February 2009

The Latest Housing Law News Tolerated trespassers: it is now official. The provisions of the Housing & Regeneration Act 2008 which prevent the creation of more tolerated trespassers (and provide current tolerated trespassers with replacement tenancies) will come into effect on 6 April 2009. The date is included in the annual schedule of commencement dates […]

Garden Court Chambers | Monday 2 February 2009

Issue 58 – 2nd February 2009

EUROPEAN COURT OF JUSTICE Holiday pay Stringer v HMRC C 520/06Under the Working Time Directive, national legislation or practices can prevent workers from taking holiday while on sick leave. However, workers will still accrue holiday entitlement during their sick leave. They are entitled to take this holiday on returning to work or to be paid […]

Garden Court Chambers | Monday 2 February 2009

Issue 124 – 2nd February 2009

NEWS 1. The Home Office have warned Universities and Colleges to sign up to the New Points System by February 2nd 2009 if they want to teach international students. The new points system goes live in March 2009. border and immigration agency website. More info 2. A report on children and Justice which calls for […]

Garden Court Chambers | Monday 26 January 2009

Issue 121 – 26th January 2009

The Latest Housing Law News Housing cases in the courts: among the amendments to be made by the 49th Update to the Civil Procedure Rules are several applicable to housing cases. From 6 April 2009, housing judicial review cases will be capable of issue and determination at court centres outside London. The detail is in […]

Garden Court Chambers | Monday 26 January 2009

Issue 123 – 26 January 2009

News The UK Border Agency has announced changes to the treatment of applications for private servants in diplomatic households following a commitment by Ministers that settlement provisions would be retained for those entering the United Kingdom (UK) under tier 5 of the points-based system. more info Cases In CL (Vietnam) v Secretary of State for […]

Garden Court Chambers | Monday 19 January 2009

Issue 122 – 19th January 2009

News (19 January 2009) The Thai military has taken into custody another group of asylum-seekers from Burma’s Rohingya minority. It comes amid accusations – denied by the military – that units set hundreds of refugees adrift at sea last month. A boat carrying 46 Rohingyas was intercepted this morning off an island in southern Thailand. […]

Garden Court Chambers | Monday 12 January 2009

Issue 120 – 12th January 2009

The Latest Housing Law News Legal Aid for Housing Cases: on 8 January 2009 the Legal Services Commission announced that it was extending to 31 March 2009 the deadline for holders of a Unified Civil Contract with a Housing category to bid for immediate allocation of additional Housing matter starts. For more details, click here. […]

Garden Court Chambers | Monday 12 January 2009

Issue 121 – 12th January 2009

News The UKBA have announced a new policy to take effect from 30 January 2009 so as not to automatically suspend removal in cases where immigrants lodge a second judicial review challenge to removal within three months of being refused permission, or withdrawing, a previous judicial review challenge to removal. Read more The UKBA has […]

Garden Court Chambers | Monday 5 January 2009

Court of Appeal Decisions

Court of Appeal rejects appeal by Secretary of State

Garden Court Chambers | Monday 5 January 2009

Issue 119 – 5th January 2009

The Latest Housing Law News Rent Officers: Today (5 January 2009) sees a change in the rules for rent officer assessments in housing benefit and local housing allowance cases. Instead of considering rents in a "locality", officers will be looking at "broad rental market areas". For a copy of the regulations introducing this change, click […]

Garden Court Chambers | Monday 5 January 2009

Issue 57 – 5th January 2009

COURT OF APPEAL Part-time workers O’Brien v Department for Constitutional Affairs [2008] EWCA Civ 1448Part-time judges are not protected by the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 and Regulation 17 applies. Note: a case on the same point, Miller v Ministry of Justice, has been referred by a Tribunal to the ECJ, […]

Garden Court Chambers | Monday 22 December 2008

Issue 120 – 22nd December 2008

News The UK Border Agency announced this week that it is not intending to remove the existing controls on Bulgarians and Romanians. Workers who do not qualify under the immigration rules continue to be restricted to the Seasonal Agricultural Workers Scheme (SAWS) and the Sector Based Scheme (SBS) for food processing. The Agency has also […]

Garden Court Chambers | Monday 15 December 2008

Issue 118 – 15th December 2008

The Latest Housing Law News Choice Based Letting: The Government has approved funding for another tranche of housing authorities and housing associations to work-up proposals for regional or sub-regional choice based letting schemes applicable to applicants for social housing. The schemes in this fourth round of bidding in some instances cover most of, or the […]

Garden Court Chambers | Monday 15 December 2008

Issue 119 – 15th December 2008

News Surprisingly, a few weeks after lifting the immigration exemption regarding the Child Convention, the Border Agency is withdrawing DP5/96 ("the seven year child concession") as of 9 December 2008. The concession set out the criteria to be applied when considering whether enforcement action should proceed or be initiated against parents of a child who […]

Garden Court Chambers | Wednesday 10 December 2008

Jan Luba QC in landmark House of Lords “Tolerated Trespassers” case

In a judgement handed down today the House of Lords held that the case law on "tolerated trespassers" did not apply to an assured tenant, because the tenancy was not terminated by a possession order until the moment of eviction or delivery up of

Garden Court Chambers | Monday 8 December 2008

Ian Peddie QC represents Norfolk family in landmark Adoption Challenge

A couple whose three children were adopted following false abuse claims were in the appeal court last week in a historic bid to reverse their adoption

Garden Court Chambers | Monday 8 December 2008

Email Scam involving ?Dr. Sean Walcott?, ‘Barrister David Morgan of 9 Northumberland Avenue,London WC2N 5BX’ and Marian Parker

The text of these emails and faxes provide fraudulent details and seek to and invite unwary individuals into a deception which would involve them in personal financial loss. If you are the recipient of such an email please note we are fully aware of this email scam and wish to advise you that we are […]

Garden Court Chambers | Monday 8 December 2008

Issue 117 – 8th December 2008

The Latest Housing Law News Amendment day: a host of changes to housing-related legislation were brought into force on 1 December 2008 by the second Commencement Order to be made under the Housing & Regeneration Act 2008. For example, in respect of applications for housing or homelessness assistance made on or after 1 December 2008, […]